Allahabad High Court
MOHD. ASLAM ANSARIversusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The court held that the public interest litigation was an abuse of process and dismissed the petition.
Summary
The petitioners filed a public interest litigation seeking a court order to remove alleged illegal encroachments on land in Mau district. The Additional Chief Standing Counsel argued that the matter had already been concluded under Section 67 of the Uttar Pradesh Revenue Code, 2006, and that the appropriate remedy was an execution proceeding under Paragraph 460(2) of the Uttar Pradesh Revenue Code Manual. The court examined whether the PIL was maintainable or an abuse of process given the existence of an efficacious alternative remedy. It concluded that the PIL was indeed an abuse of the legal process because the issue could be addressed through the prescribed execution mechanism. Consequently, the court dismissed the writ petition without prejudice to the petitioner’s right to pursue the appropriate remedy under the revenue code.
Issues considered
- Whether a public interest litigation is maintainable when the subject matter has been decided under Section 67 of the Uttar Pradesh Revenue Code, 2006
- Whether the petitioner must pursue an execution case under Paragraph 460(2) of the Uttar Pradesh Revenue Code Manual instead of a writ petition
- Whether the filing of the PIL constitutes an abuse of the process of law
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. Section 67
- Uttar Pradesh Revenue Code Manual — s. Paragraph 460(2)
Subjects
- public interest litigation
- maintainability
- Uttar Pradesh Revenue Code
- Section 67
- execution proceeding
- illegal encroachment
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 659 of 2026
Mohd. Aslam Ansari
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyanendra Prakash Srivastava, Raj
Deepak Singh
Counsel for Respondent(s) : Atul Kumar Pandey, C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioner, Sri Ambrish Shukla, learned
Additional Chief Standing Counsel and Sri Atul Kumar Pandey, learned
counsel for the respondent no. 9.
2. The instant writ petition is preferred as public interest litigation for a
direction commanding the respondents to remove the illegal
encroachment made by respondents no. 4 to 8 over Arazi No. 462/1 and
462/1 admeasuring 0584 hectare situated at Mohalla Mahrupur, Tehsil
Muhammadabad Gohna, District Mau.
3. At the outset, Sri Ambrish Shukla, learned Additional Chief Standing
Counsel, has raised objection for maintainability of the instant public
interest litigation on the ground that the proceeding has been finalized
under Section 67 of U.P. Revenue Code, 2006 and submits that in case,
the order is passed under the said provisions the appropriate remedy is to
press the execution case under Paragraph 460(2) of the Uttar Pradesh
Revenue Code Manual. The public interest litigation is preferred for the
enforcement of a proceeding under Section 67 of U.P. Revenue Code,
which is not maintainable and is an abuse of the process of law.
4. Under the facts and circumstances, we find that there is an efficacious
remedy available to the petitioner, which can be utilized to bring finality
to the proceedings. The Public Interest Litigation is an abuse of the
WPIL No. 659 of 2026
2
process of law. However, the dismissal of the case would not come in the
way to avail the remedy, as available under law.
5. The writ petition is henceforth dismissed.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
March 18, 2026
gp
Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad
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